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Patna High CourtCR. MISC./19404/2015rejected

Bijay Mahto @ Vijay Mahto @ Vijay Prasad v. The State Of Bihar

2015-06-16Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19404 of 2015 Arising Out of PS.Case No. -14 Year- 2012 Thana -WARSALIGANJ District- NAWADA ======================================================

1. Bijay Mahto @ Vijay Mahto @ Vijay Prasad Son of Late Banshi Mahto, Resident of Village - Masuda, P.S. - Warisaliganj, District - Nawada. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Birendra Kumar For the Opposite Party/s : Mr. Abhay Kumar No. 1 (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 16-06-2015 Heard learned counsel for the petitioner and the State.

In this case petitioner is seeking bail in Sessions Trial No. 222 of 2012/65/14 arising out of Warisaliganj P.S. Case no. 14 of 2012 registered under section 302 and other allied sections of the Indian Penal Code.

In this case there is direct allegation against the petitioner that he assaulted the father, mother and the wife of the informant. While the father was going to hospital he died in the way. Earlier this petitioner has moved before this Court in Cri. Misc. No. 44348 of 2014 which has been rejected by this Court. Learned counsel for the petitioner submits that the I.O. and the doctor have not been examined in this case since

Patna High Court Cr.Misc. No.19404 of 2015 (2) dt.16-06-2015 2/2 two years and all other witnesses have been examined. Considering the aforesaid submission and the nature of allegation, this court is not inclined to grant bail to the petitioner. The prayer for bail is rejected. However, the lerned trial court is directed to take all possible steps to secure the evidence of I.O and doctor and at the same time the senior Superintendent of Police, Nawada is directed to ensure the production of the two official's witnesses as mentioned above. The trial court is directed to complete the trial within six months. (Shivaji Pandey, J) M.Rahman/- U T